Date of publication:

01/07/2026

Kenya

Do domestic laws and policies provide for the cancellation of refugee status?

ANALYSIS

Assessment by population

Assessment by population
Refugees
Analysis

Kenya’s Refugees Act, 2021 includes provisions for the cancellation or revocation of refugee status. These provisions align with international standards, ensuring that decisions are made in accordance with the principles of fairness, legality, and due process.

Under the Act, refugee status may be revoked or canceled if:

  1. The individual obtained refugee status through fraud, false representation, or material misrepresentation.
  2. The individual commits acts that fall under the exclusion clauses outlined in Section 4 of the Act, such as crimes against humanity, war crimes, or acts contrary to the purposes and principles of the United Nations.
  3. The individual poses a threat to national security or public order.

Revocation or cancellation decisions are subject to procedural safeguards, including the right of the affected individual to be informed of the reasons for the decision and the right to appeal.

    LAW & POLICY

    Related provisions of domestic law or policy

    The Refugee Act

    Legal provision

    Section 17.1 - Cancellation of refugee status

    (1) The Commissioner shall have the power to cancel a refugee status where— (a) a person recognized as a refugee has fraudulently misrepresented or omitted material facts which, if known, could have changed the decision to recognize that person as a refugee; or (b) new evidence becomes available that a person should not have been recognised as a refugee.

    Section 14 - Appeals

    (1) A person aggrieved by the decision of the Appeals. Commissioner under this Act may, within thirty days of receiving the decision, appeal in person or through his or her representative or through any other interested party to the Appeals Committee against the decision. (2) A person who is aggrieved by the decision of the Appeals Committee may appeal to the High Court within thirty days of being notified.